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Section 152: Arrangement binding on creditors

Insolvency Act · PART III: WINDING UP AND ALTERNATIVES

consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

152. Arrangement binding on creditors (1) Any arrangement entered into between a company about to be or in the course of being wound up voluntarily and its creditors shall, subject to subsection (4), be binding— (a) on the company if sanctioned by a special resolution; and (b) on the creditors if acceded to by— (i) three-fourths in value of the creditors; and (ii) one-half of the number of persons who are creditors for 5,000 rupees or more. (2) A creditor shall be accounted a creditor for such sum as appears to be the balance due to him upon an account fairly stated, after allowing the value of security or liens held by him and the amount of any debt or set-off owing by him to the debtor. I14 – 91 [Issue 6] Insolvency Act (3) Any dispute with regard to the value of any security or lien or the amount of a debt or set-off may, on the application of the company, the liquidator or the creditor, be settled by the Court. (4) A creditor or contributory may, within 21 days from the completion of the arrangement, appeal to the Court against it, and the Court may amend, vary or confirm the arrangement.

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